January 2014

Sanctions: Defendants Get Hit With $95K In Fees/Costs Payable To Plaintiff’s Lawyers Opposing Sanctions And To Plaintiff Because Defense Improperly Brought CCP § 128.7 Motion

Cases: Sanctions

Client Does Lose Attempt to Get Fees For Defending Against Sanctions Motion Because Such Recovery Is Not Automatic Under Section 128.7(c), With Lower Court Being Able to Conclude $95K Award Sufficed.      Genutec Business Solutions, Inc. v. Taus, Case No. G046062 (4th Dist., Div. 3 Jan. 30, 2014) (unpublished), a 3-0 decision authored by Presiding […]

Section 1717: Borrower Beating Lender On Ground Collection Barred By Antideficiency Statutes Entitled To 1717 Fee Recovery

Cases: Section 1717

  De Novo Review Shows Fee Entitlement, Where Winning Borrower Showed Note/Trust Deed Unenforceable.      Borrower in Rohde v. Clark, Case No. F064642 (5th Dist. Jan. 30, 2014) (unpublished) defeated lender’s claim on a promissory note and second trust deed on the basis they were barred by the antdeficiency statutes. Based on fees clauses in

In The News . . . N.D. Cal. District Judge Rejects Preliminary Approval Where FLSA Class Action Attorneys Wanted Fee Recovery Of 78% Of Settlement Fund

Cases: Class Actions, In The News

       In Villa v. United Site Services of Cal., Inc., Case No. 12-CV-00318-LHK (N.D. Cal. Nov. 27, 2013) (Order Denying Without Prejudice Motion for Preliminary Approval of Settlement), U.S. District Judge Lucy H. Koh, in a FLSA settlement, denied preliminary approval of a $349,676.30 settlement fund for class members where attorneys were requesting fees

In The News . . . Manhattan Civil Judge Awards No Fees To Well-Known Firm Seeking $126,000 In Fees In A Case To Recoup A $6,400 Security Deposit/Treble Damages From A Landlord

In The News

  Aside from Hefty Request, Law Firm’s Admission of Doing as a Favor For Good Will Was Weighted.      Mayer Brown LLP sought to recover $126,026.88 in attorney’s fees for tenants after having succeeded by default in a claim against a landlord for return of a $6,400 security deposit. (Yes, you have heard the request

Private Attorney General: $42,992 Success In Filing Mandate Petition Fee Recovery Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

  Both Sides’ Appeals—Government For Nothing, Plaintiffs For More—Result In Fee Award Being Sustained.      Center for Biological Diversity v. Cal. Fish and Game Commn., Case No. A137889 (1st Dist., Div. 2 Jan. 28, 2014) (unpublished) involved a situation where non-profit plaintiff successfully pursued a mandate petition challenging the validity of a governmental regulation about

Probate Two-Fer: Routine Case And Then Britney Spears Conservatorship

Cases: Probate

  Estate of Chamberlain, Case No. B245025 (2d Dist., Div. 7 Jan. 27, 2014) (Unpublished).      This one was affirmed when a removed trustee was ordered to pay successor trustee’s attorney fees in connection with deposit of shares with the L.A. County Treasurer. This one has a good discussion on the difference between ordinary probate

News . . . Anaheim Agrees To Settle Voting Rights Case Through Voter Charter Amendment Protocol And Pay Plaintiff’s Fees Upon An Agreed-On Or Upon A Fee Motion If Parties Cannot Agree

Cases: Civil Rights, In The News

We Link the Settlement Agreement Because It Has Interesting Provisions.      As reported in the January 26, 2014 edition of The Orange County Register, City of Anaheim—after spending more than $1.26 million in fees—decided to settle a challenge over minority voting rights in a way that allows voters to consider a charter amendment potentially altering

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